Shanti Prime Publication Pvt. Ltd.
Sec. 154 of Income Tax Act, 1961 - Rectification of mistake - Assessee has filed its ITRs for the A.Ys in question. Assessee omitted to claim deduction for the interest amounts paid by them to Industrial Development Bank of India under Section 43B of the Act. After noticing the mistake of omitting to claim deduction for interest payments, assessee filed separate petitions under Section 154 of the Act, 1961 seeking rectification of the mistake on account of the said omission. The AO rejected the rectification petitions the ground that the mistake is not apparent from the record as it involves debatable point of law. CIT(A) and then ITAT upheld the order passed by the AO on the ground that merely by relying on figures given in financial statements, one cannot arrive at the amount allowable under Section 43B especially when the quantum of principal and interest waived in one time settlement is not apparent from record. Unless and until, the tax returns disclosed interest payments, it is impossible for the assessing officer to assist the Appellant/Assessee to rectify the alleged mistake of omission to claim deduction for interest payments under section 43B of the Act. Appeal of the assessee dismissed.[2020] 425 ITR 412 (MAD)